PLANNING 31.08.10 1 PLANNING COMMITTEE Tuesday, 31st August, 2010 Present - Councillor Barr (Chair) Councillor Arnold Councillor Galloway Bingham Gilby Blank Haywood Cooper Openshaw Davenport Qazi Falconer, G. 1. CHE/10/00308/OUT – Proposed demolition of Poolsbrook Hotel and redevelopment of land to provide 11 x 3 bed houses with associated parking – resubmission of CHE/10/00058/OUT at Poolsbrook Hotel, Staveley Road, Poolsbrook for Mr Mark Breen Councillors Arnold, Barr, Bingham, Cooper, Davenport, Falconer, G., Galloway, Gilby, Haywood and Qazi. 2. CHE/10/00238/OUT – Proposed development of 38 detached dwellings, garages, parking and incidental works at land at and including 146-150 Spital Lane, Spital, Chesterfield for Providence Estates Limited Councillors Arnold, Barr, Cooper, Davenport, Falconer, G., Galloway, Gilby, Haywood and Qazi. *Matters dealt with under the Delegation Scheme 0057 APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors Craw and Lomas. 0058 DECLARATIONS OF PERSONAL OR PREJUDICIAL INTEREST BY MEMBERS RELATING TO ITEMS ON THE AGENDA Councillor Blank declared a prejudicial interest in Minute No. 0060 (CHE/10/00238/OUT - Proposed Development Of 38 Detached Dwellings, Garages, Parking And Incidental Works At Land At And Including 146-150 Spital Lane, Spital, Chesterfield For Providence Estates Ltd) as she had submitted a letter of objection to the proposal. Councillor Bingham declared a personal interest in Minute No. 0064 (Enforcement Report) because of a remote family connection to the individual concerned in the enforcement action relating to 18 and 20 Highfield Road. Councillor Bingham declared a prejudicial interest in Minute No. 0060 (CHE/10/00238/OUT - Proposed Development Of 38 Detached Dwellings, Garages, PLANNING 31.08.10 2 Parking And Incidental Works At Land At And Including 146-150 Spital Lane, Spital, Chesterfield For Providence Estates Ltd) as he had spoken to residents objecting to the application. 0059 MINUTES RESOLVED - That the Minutes of Planning Committee passed at the meeting held on 9th August, 2010 be signed by the Chair as a true record. 0060 APPLICATIONS FOR PLANNING PERMISSION – PLANS DETERMINED BY THE COMMITTEE (P030) *The Committee considered the under-mentioned application in light of a report by the Group Leader, Development Management and resolved as follows:- CHE/10/00238/OUT - PROPOSED DEVELOPMENT OF 38 DETACHED DWELLINGS, GARAGES, PARKING AND INCIDENTAL WORKS AT LAND AT AND INCLUDING 146-150 SPITAL LANE, SPITAL, CHESTERFIELD FOR PROVIDENCE ESTATES LTD Councillors Bingham and Blank having declared a prejudicial interest, left the meeting during consideration of this item. Councillor Openshaw, having not attended the site visit, left the meeting during consideration of this item. In accordance with Minute No. 299 (2001/2002), Mr. Emerson, Architect and Mr. Wickham, the applicant’s agent, addressed the meeting. A: That the officer recommendation be upheld subject to the following amendments relating to education and per cent for art contributions and the application be approved:- - subject to the completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 in respect of: - a commuted sum for Affordable Housing - education contributions - reduced by £5k - open space and play contributions - per cent for art contribution - increased up to £10k and - subject to the following conditions:- 1. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. PLANNING 31.08.10 3 2. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 3. Approval of the details of the layout, scale and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 4. The site shall be developed with separate systems of drainage for foul and surface water on and off site. 5. No development shall take place until details of the proposed means of disposal of foul and surface water drainage, including details of any balancing works and off-site works, have been submitted to and approved in writing by The Local Planning Authority. 6. No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The scheme shall incorporate sustainable drainage principles and shall be implemented in accordance with the approved programme and details. 7. Unless otherwise agreed in writing by The Local Planning Authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works. 8. The development permitted by this planning application shall only be carried out in accordance with the approved Flood Risk Assessment (FRA) by Hugh Allan 07 April 2010 and the following mitigation measures detailed within the FRA: No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water run-off limitation to reduce the discharge from the site by 30% has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved programme and details. 9. A. Development shall not commence until details as specified in this condition have been submitted to the Local Planning Authority for consideration and those details, or any amendments to those details as may be required, have received the written approval of the Local Planning Authority. I. A desktop study/Phase 1 report documenting the previous land use history of the site. II. A site investigation/Phase 2 report where the previous use of the site indicates contaminative use(s). The site investigation/Phase 2 report shall document the ground conditions of the site. The site investigation shall establish the full extent, depth and cross-section, PLANNING 31.08.10 4 nature and composition of the contamination. Ground gas, groundwater and chemical analysis, identified as being appropriate by the desktop study, shall be carried out in accordance with current guidance using UKAS accredited methods. All technical data must be submitted to the Local Planning Authority. III. A detailed scheme of remedial works should the investigation reveal the presence of ground gas or other contamination. The scheme shall include a Remediation Method Statement and Risk Assessment Strategy to avoid any risk arising when the site is developed or occupied. B. If, during remediation works any contamination is identified that has not been considered in the Remediation Method Statement, then additional remediation proposals for this material shall be submitted to the Local Planning Authority for written approval. Any approved proposals shall thereafter form part of the Remediation Method Statement. C. The development hereby approved shall not be occupied until a written Validation Report (pursuant to A II and A III only) has been submitted to and approved in writing by the Local Planning Authority. A Validation Report is required to confirm that all remedial works have been completed and validated in accordance with the agreed Remediation Method Statement. 10. In the event it is proposed to import soil onto site in connection with the development the proposed soil shall be sampled at source and analysed in a MCERT certified laboratory, the results of which shall be submitted to the Local Planning Authority for consideration. Only the soil approved in writing by the Local Planning Authority shall be used on site. 11. Unless otherwise agreed in writing by the Local Planning Authority work shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 5:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment. 12. Unless otherwise agreed in writing by the local planning authority, no development shall take place until space is provided within the site curtilage, for site accommodation, storage of plant and materials, parking and manoeuvring of site operative's and visitor's vehicles together with the loading/unloading and manoeuvring of goods vehicles. The space shall be constructed and laid out to enable vehicles to enter and leave the site in a forward gear, in surface materials suitable for use in inclement weather and maintained free from impediment throughout the duration of construction works. 13. The development, subject of this application, shall not be taken into use until the redundant vehicular access point/s along the frontage of the site are closed and restored to standard footway construction in accordance with Derbyshire County Council's specifications all to the satisfaction of the PLANNING 31.08.10 5 Highway Authority. 14. The premises, the subject of the application, shall not be occupied until the proposed new estate street/s has/have been provided between each respective dwelling and the existing highway, laid out and constructed to at least binder course level, drained and lit, in accordance with the approved application drawing. 15. No part of the development hereby approved shall be occupied until space has been laid out within the site in accordance with the approved plan for cars to be parked, for the loading and unloading of vehicles and for vehicles to turn so that they may enter and leave the site in forward gear.